unofficial compilation - hawaiifiles.hawaii.gov/dlnr/dobor/rules/compiled/har254-compiled.pdf ·...

Unofficial Compilation

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HAWAII ADMINISTRATIVE RULES

TITLE 13

DEPARTMENT OF LAND AND NATURAL RESOURCES

SUBTITLE 11

OCEAN RECREATION AND COASTAL AREAS

PART III

OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES

CHAPTER 254

LOCAL OCEAN WATERS AND BEACHES

Historical note. This chapter is based on rules

governing Makapuu Shore Waters Rules, Kailua Shore

Waters Rules and Brennecke Beach Shore Waters Rules of

the Hawaii Shore Waters and Shores Rules, dated

November 6, 1981, and as amended thereafter, under the

jurisdiction of the Department of Transportation,

Harbors Division. The administrative jurisdiction for

recreational boating and related boating activity was

transferred from the Department of Transportation,

Harbors Division, to the Department of Land and

Natural Resources, Division of Boating and Ocean

Recreation, effective July 1, 1992, in accordance with

Act 272, SLH 1991. [Eff 2/24/94]

SUBCHAPTER 1

RULES GOVERNING MAKAPUU OCEAN WATERS

Historical note

§13-254-1 Definitions

§13-254-2 Bathing area

§13-254-3 Paipo boards


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§13-254-4 Restrictions

§13-254-5 Exceptions

§13-254-1 Definitions.

“Makapuu ocean waters” means the area confined by

boundaries as shown on Exhibit F, June 1, 1981, and

located at the end of this chapter, and also described

as follows:

(1) Beginning at a point, being the mean high

water mark which is directly opposite from

the northeast corner of the Makapuu Beach

Park Building;

(2) In the Makapuu Point direction along the

mean high water mark to the tip of Makapuu

Point; and

(3) Along a straight line connecting the point

described in (2) above to, and ending at the

point of beginning.

“Operate” means to navigate or otherwise use a

vessel, surfboard, or paddle board (paipo board).

“Outrigger canoe” means a boat equipped with a

framework terminating in a float, extended outward

from the side of the boat to prevent upsetting.

“Paddleboards” (paipo boards) means any type of

board that is (a) without skegs, (b) does not exceed

four feet in length, and (c) is used for the sport of

surfriding. [Eff 2/24/94] (Auth: HRS §§200-2, 200-3,

200-4) (Imp: HRS §§200-2, 200-3, 200-4)

§13-254-2 Bathing area. The Makapuu ocean

waters [and shores] are primarily reserved for bathing

and swimming. [Eff 2/24/94] (Auth: HRS §§200-2, 200-3,

200-4) (Imp: HRS §§200-2, 200-3, 200-4)

§13-254-3 Paipo boards. The use of paipo

boards, is permitted within the Makapuu ocean waters.

[Eff 2/24/94] (Auth: §§200-2, 200-3, 200-4) (Imp: HRS

§§200-2, 200-3, 200-4)


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§13-254-4 Restrictions. No person shall operate

a vessel or a surfboard in the Makapuu ocean waters.

[Eff 2/24/94] (Auth: HRS §§200-2, 200-3, 200-4) (Imp:

HRS §§200-2, 200-3, 200-4)

§13-254-5 Exceptions. If approved by the

department of land and natural resources, the

restrictions cited in section 13-254-4 may be waived

for certain public events. The restrictions cited in

section 13-254-4 shall not apply in cases of

emergencies nor to authorized personnel on duty for

the safety and protection of the general public. [Eff

2/24/94] (Auth: HRS §§200-2, 200-3, 200-4) (Imp: HRS

§§200-2, 200-3, 200-4)

SUBCHAPTER 2

RULES GOVERNING KAILUA BAY OCEAN WATERS

§13-254-6 Restricted areas



§13-254-6 Restricted areas. The portions of the

Kailua Bay ocean waters, confined by the boundaries

shown on Exhibits G and H, June 1, 1981, and located

at the end of this chapter, are reserved for bathing

and swimming and subject to restrictions prescribed in

these rules. The restricted areas of the Kailua Bay

ocean waters are more particularly described as

follows:

(1) Restricted Area A:

(A) Beginning at a point where the mean

high water mark intersects a seaward

prolongation of the Kaneohe boundary of

the walkway easement leading from Kai

One Place to the sea;


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(B) In the Lanikai direction along the mean

high water mark to the point where the

mean high water mark intersects a

seaward prolongation of the Kaneohe

boundary of the walkway easement

leading from Pilipu Place to the sea;

(C) To a point one hundred yards seaward on

the prolongation of the Kaneohe


leading from Pilipu Place;

(D) In the Kaneohe direction on a straight

line at right angles to the seaward

prolongation of the Kaneohe boundary of

walkway easement leading from Pilipu

Place to a point where the line

intersects a seaward prolongation of

the Kaneohe boundary of the walkway

easement leading from Kai One Place;

and

(E) Along a straight line in the shoreward

direction to, and ending at the point

of beginning.

(2) Restricted Area B:

(A) Beginning at a point where the mean

high water mark intersects a seaward

prolongation of the Lanikai boundary of

the walkway easement located

approximately 110 feet in a Lanikai

direction from Dune Circle and leading

to the sea from North Kalaheo Avenue;

(B) In the Lanikai direction along the mean

high water mark to the point where the

mean high water mark intersects a

seaward prolongation of the Lanikai


leading to the sea from Kalaka Place;

(C) To a point one hundred yards seaward on

the prolongation of the Lanikai


leading to the sea from Kalaka Place;

(D) In the Kaneohe direction on a straight

line at right angles to the seaward


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prolongation of the Lanikai boundary of

the walkway easement leading from

Kalaka Place to a point where the line

intersects a seaward prolongation of

the Lanikai boundary of the walkway

easement leading to the sea from North

Kalaheo Avenue; and

(E) Along a straight line in the shoreward

direction to, and ending at the point

of beginning. [Eff 2/24/94] (Auth: HRS

§§200-2, 200-3, 200-4) (Imp: HRS §§200-

2, 200-3, 200-4)

§13-254-7 Restrictions. No person shall operate

a vessel, surfboard, paipo board, or other device used

in the sport of surfriding in the restricted areas of

the Kailua Bay ocean waters. [Eff 2/24/94] (Auth: HRS

§§200-2, 200-3, 200-4) (Imp: HRS §§200-2, 200-3, 200-

4)

§13-254-8 Exceptions. The restrictions cited in

section 13-254-7 may be waived by the chairperson of

the board of land and natural resources for certain

public events. The restrictions cited in section 13-

254-7 shall not apply in cases of emergencies nor to

authorized personnel on duty for the safety and

protection of the general public. [Eff 2/24/94] (Auth:

HRS §§200-2, 200-3, 200-4) (Imp: HRS §§200-2, 200-3,

200-4)

SUBCHAPTER 3

RULES GOVERNING BRENNECKE BEACH OCEAN WATERS

§13-254-9 Definition

§13-254-10 Restricted area




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§13-254-9 Definition.

“Brennecke beach ocean waters” means the portions

of Poipu ocean waters shown on Exhibit “I”, June 1,

1981, and located at the end of this chapter, and more

particularly described as follows:

(1) Beginning at a point where the mean high

water mark intersects a seaward prolongation

of the east boundary of Maa Road;

(2) In the Poipu Beach Park direction along the

mean high water mark to the tip of the rocky

point opposite the southeast corner of Poipu

Beach Park; and

(3) Along a straight line to, and ending at the

point of beginning. [Eff 2/24/94] (Auth: HRS

§§200-2, 200-3, 200-4) (Imp: HRS §§200-2,

200-3, 200-4)

§13-254-10 Restricted area. The Brennecke Beach

ocean waters are primarily reserved for bathing,

swimming, and body surfing subject to restrictions

prescribed in these rules. [Eff 2/24/94] (Auth: HRS

§§200-2, 200-3, 200-4) (Imp: HRS §§200-2, 200-3, 200-

4)

§13-254-11 Restrictions. No person shall

operate a surfboard or paipo board in the restricted

area of the Brennecke Beach ocean waters. [Eff

2/24/94] (Auth: HRS §§200-2, 200-3, 200-4) (Imp: HRS

§§200-2, 200-3, 200-4)

§13-254-12 Exceptions. Section 13-254-11 shall

not apply to:

(1) The operation of surfboards and paipo boards

in connection with public surfriding events

for which the chairperson of the board of

land and natural resources may grant

permission in writing;

(2) Emergencies; and


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(3) Authorized personnel on duty to protect the

health and safety of the general public.

[Eff 2/24/94] (Auth: HRS §§200-2, 200-3,

200-4) (Imp: HRS §§200-2, 200-3, 200-4)

SUBCHAPTER 4

RULES GOVERNING POINT PANIC OCEAN WATERS

§13-254-13 Definition



§13-254-13 Definition.

“Point Panic ocean waters” means the portion of

Kewalo ocean waters confined by the boundaries shown

on Exhibit “J”, May 12, 1998, located at the end of

this chapter, which boundaries are described as

follows:

(1) Beginning at a point where the mean high

water mark intersects a seaward prolongation

of the Ewa boundary of Ahui Street;

(2) In a Diamond Head direction along the mean

high water mark to the point where the mean

high water mark intersects the Ewa boundary

of the Kewalo Basin seawall;

(3) To a point two hundred yards seaward on a

prolongation of the Kewalo Basin seawall;

(4) In an Ewa direction on a straight line at

right angles to the seaward prolongation of

the Kewalo Basin seawall to a point where

the line intersects a seaward prolongation

of the Ewa boundary of Ahui Street; and

(5) Along a straight line in a shoreward

direction to, and ending at the point of

beginning. [Eff 2/24/94; am 09/10/01] (Auth:

HRS §§200-2, 200-3,200-4) (Imp: HRS §§200-2,

200-3, 200-4)


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§13-254-14 Restrictions. (a) Handboards,

without skegs, are the only wave riding board allowed

in the point panic ocean waters, as provided in

section 13-254-13 and shown on Exhibit J, “Point Panic

Ocean Waters,” dated May 12, 1998. [Eff 2/24/94; am

9/10/01] (Auth: HRS §§200-2, 200-3, 200-4) (Imp: HRS

§§200-2, 200-3, 200-4)

§13-254-15 Exceptions. Section 13-254-14 shall

not apply to:

(1) The operation of surfboards in connection

with public surfriding events which the

chairperson of the board of land and natural

resources may grant permission in writing;

(2) Emergencies; and

(3) Authorized personnel on duty to protect the

health and safety of the general public.

[Eff 2/24/94] (Auth: HRS §§200-2, 200-3,

200-4) (Imp: HRS §§200-2, 200-3, 200-4)


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